P BURNS RESOURCES LIMITED v LOCKE, STOCK & BARREL COMPANY LTD, 2013 ABQB 129
6.14: Appeal from master’s judgment or order
7.3: Summary Judgment (Application and decision)
The Parties disputed whether an oil and gas lease had terminated due to a cessation of production and working operations. Master Laycock granted partial Summary Judgment and the Applicants appealed.
The Court outlined the law in relation to Appeals of Masters’ Decisions and Summary Judgment:
(a) An Appeal from a Master's Decision is a de novo hearing and the Standard of Review is one of correctness - the Justice may exercise any discretion anew and substitute their own views;
(b) Subrule 6.14(3) clearly provides that new evidence is admissible if it is relevant and material - the Rule is clear and is a continuation from the former Rules; and
(c) The test on an Application for Summary Judgment is equally clear: an Application for Summary Judgment requires the applicant to prove there are no genuine issues to be tried.
Based on the evidence that was before Master Laycock and new evidence presented, the Court held that the Applicant did not carry on working operations or produce oil, and thus the lease had been terminated.View CanLII Details